Are extended warranties provided as 'discretionary risk product' even legal?

Ok, this is a bit of rant, but hear me out. I bought a used car and the dealer sold me an extended warranty from "Sentinel" (or NWC). Now, within 6 months, the transmission started giving issues and following the rules, I called NWC who directed me to a mechanic of their choice.

Now, the total bill came to about 400 bucks, but NWC are refusing to pay claiming this is general wear and tear. Now, their pds clearly states that this is a "discretionary risk product" — see page 7 of this pdf — http://www.pomi.com.au/new-downloads/EW-PDS.pdf

Now, I know that I got suckered and probably should have done my research enough. But, this product pretty much means the insurer just can simply reject any claims until they have money to pay for some repairs. In other words, it's a business that takes money without giving you any product in return for sure. Now, my question is how can this even be legal? For all that we know, anything and everything can be rejected under this condition.

If so, i'm sure we ozbargainers can get together and start a same type of company and give dealers a good rate. All we need to do is make sure that we honor only claims that don't eat into our profit. Easy enough way to make money..I'm seriously pissed and i'm pretty sure there are 100s like me which can be enough to file a class suit. First time, I'm hearing of such a product where the company pretty much can decide when to give service and when not to…I seriously would have had better luck playing the money paid in the extended warranty in a casino

End rant…comments welcome…

Comments

  • +2

    I sympathise with your situation. I did a quick search on "discretionary risk product" and it seems to be a common exclusion clause of extended warranties where the provider is a third party. One hit was a treasury discussion paper where it was mentioned that the nature of the product may not be evident without reading the PDS carefully. If they misled you that you would get rights you already had by purchasing an extended warranty you may have a case, but then you have the burden of proof of what the dealer said, if they did say that.

    http://www.accc.gov.au/consumers/consumer-rights-guarantees/…

    The only thing I can suggest is to write to Choice to draw attention to this trap for future buyers.

    PS: Let me just add that where financial products are concerned, it seems that caveat emptor is the rule. The GFC showed us just how unscrupulous the players are. And they are still doing it, just search for Goldman Sachs aluminium moving scheme.

    • HI,

      thank you for your opinion, but dealer did give me the statutory 3 month warranty, but as you know problems only come after the statutory warranty runs out! :(

  • My experience even with a supposed reputable dealer(Peter Warren) is that these warranties are not worth a squirt of piss.
    4 Year old Toyota Camry leaking shocks(all over the rear tyres)on the rear,both sides,no towbar,never had more than groceries in boot, after 70000kms is fair wear and tear.
    Yet I have a 1995 Falcon,done 240000kms and not a sign of a leak still.
    I have spoken to many work colleagues and not 1 person in a 170 person worksite has ever replaced rear shocks on all types of cars,new and old.
    These warranties are a scam.

    • +1

      thank you for sharing your opinion. If these warranties are a scam, then surely we can at-least complain to the legal authorities to shut them down? Maybe I won't get my money back, but we can save other folks. And if pressure is put on these guys, maybe they'll buck up and provide genuine coverage…

      I'm pretty sure this kind of scams would be prime targets for class action suits in the US

  • Problem is most people are too lazy to actually take legal action I.e go to cttt.

    I've seen the same complaint be raised on ozbargain before

  • Hum…My only thought is that you might want to consider the unfair contract provisions of the ACL and contact your local consumer protection agency.
    Good luck.

  • Why not a class action law suit?

    Simple calculation shows:

    Average cost of warranty — $1,000 + Average cost of warranty not provided — $1,000 = $2,000 per person

    Even if we consider that there are 500 folks with complaints like this, that would mean 1 million dollars. I know these are very vague figures, but surely there is merit in this? If less than 500 people have a complaint then surely i'm in the minority

    • australia isnt america

      class actions barely work in the US as it is

      at best, get a refund on your warranty

    • Hi Zooter,

      Please contact Bannister Law at [email protected]

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